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AMERICAN BANK & TRUST COMPANY v. UNITED STATES

No. 68 Civ. 5001.

299 F.Supp. 1298 (1969)

AMERICAN BANK & TRUST COMPANY, as Administrator cum testamento annexo of the Estate of James Henry Stuart, Deceased, and American Bank & Trust Company, as Administrator cum testamento annexo of the Estate of Thomas C. White, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

March 10, 1969.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiffs; Milton G. Sincoff, Gerald A. Roddie, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for United States; Patricia M. Hynes, Asst. U. S. Atty., of counsel.

WYATT, District Judge.

This is a motion by defendant United States of America for an order dismissing the action because of a prior pending action or, alternatively, for an order transferring the action to the Western District of North Carolina (28 U.S.C. § 1404(a)).

The action ("this third action") is under the Federal Tort Claims Act (28 U.S.C. § 1346(b) and others) for the wrongful deaths of plaintiffs' decedents, alleged to have been caused by...

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